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15 ZoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/26l08 Planning & Zoning Lisa A. Wright, Director of Council Date: Commission Community Development 15. O 1 /26/09 RECOMMENDED MOTION: Move to approve on second reading an ordinance considering the petition of Xuan Thu Thi Pham for a e in zoning from a Multiple-Family Dwelling District No. 1(MF-1) to a Neighborhood Service chan g District (NS) on Lot 11, City Black 35, being number 221 8`h Street N.E.. PoLicY IssuE(s): Zoning BACKGROUND: Xuan Thu Thi Pham has requested that the zoning on the property located at 221 8th Street N.E. be changed to Commercial (C) for the purpose of operating a spa and nail salon. She stated at the Planning and Zoning Cominission hearing that she will be using only a 20' x 20' room in her home to operate the business; therefore, because Commercial zoning allows for a larger variety of uses, the Planning and Zoning Commission recommended that the property be rezoned to Neighborhood Service (NS) instead and the City Council, at its January 12, 2009, meeting, followed that recommendation. BOARD/CAMMISSION RECOMMENDATION: The Commission recommended that this property be rezoned to Neighborhood Service (NS) by a vote of 4-0. EXHIBiTS: Ordinance ACfION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departinent Report ❑ Resolution Budgeted Amt $ ❑ Presentation Z Otdinance yTD Actual $ ❑ Public Hearing ❑ Other Acct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: ❑ Aciministration ❑ City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fim ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . uouubli DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 11, CITY BLOCK 35 LOCATED AT 221 8TH Street NE, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1(MF-1) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission received a request for an amendment to the zoning ordinance of the City of Paris to rezone LOT 11, CITY BLOCK 35 LOCATED AT 2218TH STREET NE, City of Paris, Lamar County, Texas from a MULTIPLE-FAMILY DWELLING DISTRICT N0. 1(MF-1) TO A COMMERCIAL DISTRICT (C); and, WHEREAS, on January 5, 2009, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to change the requested zoning to Neighborhood Service District (NS) instead of Commercial District (C); and, WHEREAS, on January 12, 2009, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section Z. That the Official Zoning Map of the Ciry of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone LOT 11, CITY BLOCK 35 LOCATED AT 221 8TH STREET NE, City of Paris, Lamar County, Texas, from MULTIPLE-FAMILY DWELLING DISTRICT N0. 1(MF-1) TO A NEIGHBORHOOD SERVICE DISTRICT (NS); said property being more particularly described in Exhibit A attached hereto and made a part hereof. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. -,UOU665 Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. Introduced and read on first reading on January 12, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on January 26, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session, this 26th day of January, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney OOOU6(, "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECURDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER" GENERAL WARRANTY DEED (CASH) THE STATE OF TEXAS § § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: THf1T, THE UNDERSIGNED, DOROTHY DENNIS, hereinafter called "Grantor", whPther one or more, for and in consideration of the 'sum of TEN DOLLARS (S 10.00) and otner valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYEU, and by these presents does GRANT, SELL AND CONVEY unto, THU X PHAM, herein referred to as the "Grantee", whether one or more, the real property situated in Lamar County, T'exas and being described ±o-wit: SEE EXHIBIT A ATTACHED; This conveyance, however, is made and accepted subject to all easements, rights of way aild other matters shown of recorded the office of the Lamar County, Clerk. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FUREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, ex,_~utors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof. Payment oi the curreni aci vaicreni taxes on the propLrty hzving been assumed by Grantee. DATED THE 1_f~day of SEPTEMBER, 2006. ;MROTHY DENNIS, by and through her attorney in fact, Jeanette D. White EXHIBIT„B.. w 0 0[l01 61 i ~ . . : . - A . . e K--RI C H EY ~ it6_~s~on ~~f sPublic g STATE OF TEXAS b • My Commission 3 - ;-xpires 04/09/2008 0 . .:,.r,.~aaoanaoooaaapaano *+k~k*#~k*##~k+k**+k**~#+k***#~k##***~+k*~#~k** ACKNOWLEllGMENT THE STATE OF TEXAS § § COUNTY OF LAMAR § ~,~,.~The foregoing instrument was acknowledged before me on the 1~ day of September, 2006, by JEANETTE D. WHITE, as attorney in fact for o~6tl~ D~inis. OTARY PU LI , STATE OF TE AS ..,,u,,.:: annaenCOaOdtracneaAdd~a~ Gruntee's Address: (After Recording, Return to:) Notary's printed name !.P.MO.!' _ o. flll thaC cerCain lract or Parcel oL lancl, siCuaLecl in Laroar CvunCy, 7'exas and being clescribed as Lollows; SituaCecl in Lamac CounCy, 'lexas, wiCliin the corporale limiCs of Llie CiCy of Yaris, part oL tlte Larkin [;aCtau Survey ancl beinp, LoC 11 of 'CiCy I3lock 35; lleginning aC a stecl rod seC fur curncr in Llie W.U.L. of t1Cli SC. N.L•, sa:i.d point being NorCh a cl.isCance of 66.8 feeL Irom Clie poinC oL Clie i,ntersecC i.uu of Clie W.B.L. of 8Cli SCreeC N.G. witli Llie N.B.L. ot 1'rice :iC.; Thence North 89° 51 miu. WesC 7.44.0 feeC Co a bois cl'arc pos[ Lound for corner; Theilce NorCh 00° On ui.in. West 85.5 feeC to a sCake founel for corner; Thence SouCli 89° 39 min. LaSC 144.2 LeeC Co a stecl rod seC for corner in Llie W.B.L. of 8th SL. N.L.; , Tllence Soutli £35.0 teet along Llie W.B.L. of 8tli SL., N.E. to tlte pJ_ace of beginning. ' EXk~InIT "A" J. . . _ F;.t _ EEE_:~e~~.~. COUNTY CLERK'S MM. PORTIONS OF THIS DOCUME ARE NOT REPRODUCI6Lt WHEN RECORDED 'w 000()6j Friday, October 17, 2008 The Planning and Zoning Commission Community Developinei7t Department 150 1 " Street S.E., Paris, Texas 75461 Dear Commissioners, For the purpose of conducting business, I submit this application to you and respectfully request your approval for the zoning change of my property that is located on 221 8"' Street, City of Paris, State of Texas. The inentioned property ctilrrently is a residential bliilding, that was built originally in 1920, was remodeled during 1990's (used to conduct "Bed and Breakfast" business according to words provided by the seller's daughter-- and converted into a rental property later on) and finally remodeled again following its acquisition in September of 2006. With a significant amoiant of effort, I have brought this property from unlivable condition to a decent one. Now, I would lilce to use this property as a place to provide the services to the people of Paris those I treasure the relationship. My business shall be veiy much "hoine-base" in nature. With a limited number of custoiners patronize each day, it will not adversely affect my neighbors. In addition, the area is already a"mix of residential and commercial uses" with heavy traffic flow through 8t" street each day via Pine Bluff street and Lamar street (their intersections is only few hundred feet away from my property) therefore the presence of my business will not change the existing conditions. Further more,.as far as I can see, the overall structure of the building will not be altered, regardless improvements in the future, therefore my business establishment will not cause any adverse iinpact for the slu-rounding area. I believe, in my humble opinion, that the establishment of my busiiiess on the 8`" street will enhance the safety, the beauty and the value of my own as well as oFmy neighbor's property. More important, it certainly will generate economic benefits to siipport my family as well as to contribute to the econoinic health of this city. Again, for the stated purpose, I request your approval. Paris is a better place to live, according to my choice, it should also be a better place to do business. As an end note, I would like to say thanl< you for your time. And, your I<ind consideration is greatly appreciated. ordi Pham, Xuan Thu Thi 221 N.E. 8th Street, Paris, TX 75460. . 0 0 0 O % U CI'fY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 r Paris, Texas 75461 r 903-784-9234 For Office Use Only Request Number: APPLICATION FOR ZONING CHANGE Date Rcvd,O\a O Mtg Date: TYPE OF ACTION REQUESTED: ~ning Change ❑ Speciflc Use Permit ED Planned Development PROPERTY INFORMATION: Address: ZZ/ NF 7,S-~~ C~ Name of Business or Building (if applicable): lot Block Subdivision Current Zoning: Proposed Zoning: What is the proposed use of the property? /o Ccn1 dtc ey&a~J/Z~ c9 6A- Describe the character andlor nature of uses of surrounding property.7_A,~ir nK C-t0fud [~c~~~I a~~ n h-F-Q ~'~o c~ '.s(awc .c t c 1~'rr nf &t.,uv~£./' LACa " a-~ 1/0 NE S''Aeef Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes No If No, hoNi do you propose to reduce any adverse impact? Wi & twf C I'~D~f+~' C?Q.t1-F c~ MM ^ - - - .,.,L Af_ ~/L^0 V&( Is the tract u suitable for uses permitted under the present zoning classification,. Yes No tu"' If No, why are you requesting a change in the permitting uses? OWNERIAPPLICANT INFORMATION: (Nyouare not the owner, a permission letterfrom the cwneris required. 1! youare purchasing ihe properfy, a copy of the coniracl maybe used in lieu o(a permission IetterONLY IF the confracf provides 1ha1 the purchase Is (.cntingenf upon the applicant successfully obtaining a zoning change.) ApplicanYs Name: Applicant's Address: a.11 /l/E Phone: Property Owner's Name: & Property Owner s Address:~/ /(/E R"Iy4 J`~~/ ~ ~ g -'Phone. _ ■~~~~~~~~~~~~~~~~~~~~■~~~~~~~~~~~~~~~~~~~~~~fi~~~~~~~~~~■~~~~~~~~■.~~~~..~. h k th se items which are included): ■~~~~~~~~~~~~~~...r.....■ RE IRED SUBMITTALS (c ec o ~mpleted application signed by the ownerlapplicant if Pianned Development requested, include afso: V Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan O Permission letter from owner ' ❑ Copy of contract to purchase the property I have carefully read the complete app 'cation and know the same is true and correct. I hereby agree to comply with ail provisions ot local, State, and Federal Laws will be com ied with, whether herein specified or not. I cert ify that I am the owner ot the above property or his duly authorized a ent. ~s4.fd p n~ i -7V6 Signed: Address: C) Print Name: ~ c+9~ r.i]-/, Phone Number: 0 Fax Number:- ' Com Date: SW TO ANp SUBSCRIBED BEFORE ME this day of 20ff . ~eceived ~ Notary c, State ofTexas 2O~PYp*BC~ q J. E. BAKER NO V117 2008 MY CO~I~SION EXPIRES FILED: 'jEOFt~~ FEBRUARY16,2008 C~of~ais MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Lisa A. Wright, Director of Community Development SUBJECT: Zoning Change Requests DATE: December 22, 2008 The following zoning change request will be presented at the January 5, 2009, meeting of the Planning and Zoning Commission and the January 12, 2009, meeting of the City Council of the City of Paris for consideration: Pham, Xuan Thu Thi is requesting that the property located on Lot 11, City Block 35, being number 221 8"' Street N.E., be rezoned from a Multiple-Family Dwelling District No. 1 (MF-1) to a Commercial District (C) for the puipose of operating and spa and nail salon. The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, the Comprehensive Plan Future Land Use Plan Map must be amended in order to approve this request. A separate hearing on revising the Plan will precede this item on the agenda. Additionally, parking requirements must be taken into consideration at the time of re-zoning. The Parking Ordinance requires on-site parking in an amount dependent upon the total square footage of the structure devoted to the business enterprise (1 parking space for every 200 square feet). Additionally, because this property is adjacent to a residentially zoned area, the parking must be screened and located either beside or behind the building. Therefore, before the applicant could open the proposed business, additional paved and screened parking must be added. lf a variance is requested of and granted by the Board of Adjustments, parking along the residential street is the most likely alternative. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney w l~ l~ l~ f sr RECEIVED 2 2008 COhIAWNITY DEVELOPMENT The City Of Paris P. O. Box 9037 Paris, Texas 75461-9037 Attn: Lisa A Wright Dear Ms. Wright: This letter is in response to your letter dated December 22. 2008 regarding the Pham Zuan Thu Thi request for zoning change from Multiple -Family Dwelling District No. 1(MF-1) to a Commercial District (C) on Lot 11, City Block 35, Being numbered 221 8t" Street N. E. The purpose of this letter is to inform the Planning and Zoning Commission that I am opposed to the change. This area is a small residential area with many senior residents who are already concerned with the amount of traffic and crime ip t~R argp. 109 not believe that this small residential area should be cprytMp-rcially developed. I am unable to attend the meeting scheduled for January 5, 2009, but I am requesting that the Commission deny the request for change. Than you, R se aFn2 Pro perty ner 701 E. Price Paris, TX 75460 (903) 785-1248 (972) 262-6595 . 000I~%,i